Category: Mediation
Litigation and Dispute Resolution During a Pandemic
September 18, 2020 | Joan M. Quade
Intelligence is the ability to adapt to change. – Stephen Hawking My, how things have changed in less than a year. Our court systems and law firms were humming along mediating, litigating, arbitrating, and getting those business and personal disputes settled or resolved in what we refer to as “the normal course of business.” Most, if not all of us, never thought even a year ago, that the way we did business – the business of lawyers and law firms – would have to be completely reimagined to survive and keep dispute resolution moving forward. Read on as we discuss litigation and dispute resolution during a pandemic. Not Exactly Business as Usual Legal disputes did not stop with COVID-19. In fact, it created even more issues to be resolved among businesses, individuals, and insurance companies. It even created new banking, contract, insurance, and employment issues that needed immediate attention. But the more common disputes like breach of contract, warranty cases, real estate disputes, and construction defect cases did not slow down. As such, there was an uptick in these run-of-the-mill cases after we overcame the initial shell shock of the pandemic last spring. The New Normal Surprisingly, in March and April, our business did not slow down much. While the court systems were all but closed to civil matters, we…
Read MoreA Practical Look at Arbitration as a Growing Trend
September 27, 2019 | Joan M. QuadeIn the 30-some years that I have been a lawyer, there have been many changes in the way companies do business and in how disputes are resolved. In that same period, however, I have not seen the same depth and breadth of changes in the court system. I have been a litigator representing businesses and individuals in all kinds of cases. I have been an advocate for clients in jury trials both short and long, court trials, mediations and arbitrations. I am also now a mediator and an arbitrator. Companies are now doing business at the speed of email and have global and international goals and inspirations. They have 30, 60 and 90-day business plans. When a company has a dispute, their lawyer must tell them that it will take about a year to get to trial to resolve that dispute, and longer if you are in federal court. It is not surprising that clients find this timetable and its inherit price tag unacceptable. During that year they need representation through a legal process that has been in place in the court system for longer than I have been an attorney. The process involves exchanging discovery documents, responding to Interrogatories, taking and defending depositions, preparing and arguing motions and preparations for trial. It…
Read MoreIs Divorce Mediation in Minnesota Right for Me?
June 3, 2013 | Elizabeth A. SchadingDivorce mediation in Minnesota is an extremely effective way to resolve the issues of a dissolving marriage. However, it’s true that mediation is also not the right choice for everyone. Mediation Is Right for You If… Mediation is right for you if you and your spouse are both willing to compromise and listen to one another. Don’t immediately write this off. While you and your spouse may not be able to get through a 5 minute conversation, communication is often much, much easier when there’s a neutral third party involved. Mediation can even work if you and your spouse both feel angry, hurt, and betrayed. These feelings are very normal. Mediators will help you turn the focus to your future, and the future of your children. Mediation is Not Right for You If… If there is a history of domestic abuse between you and your spouse, then mediation may not be appropriate. Note that this covers all forms of abuse: physical, verbal, and sexual. It also covers any abuse towards the children. In certain situations, mediation can still be successful by keeping the parties separated in their own rooms, with the mediator visiting each room in turn. If there is a court order prohibiting contact, the order may be amended to allow mediation….
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